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INDONESIA
Indonesian Journal of Law and Economics Review
Published by Universitas Muhammadiyah Sidoarjo
ISSN : -     EISSN : 25989928     DOI : https://doi.org/10.21070/ijler
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.This journal aims is to provide a place for academics and practitioners to publish original research and review articles. The articles basically contains any topics concerning Law and Economics. IJLER is available in online version. Language used in this journal is Indonesia or English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
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Search results for , issue "Vol. 19 No. 1 (2024): February" : 14 Documents clear
Legal Protection for Consumers in E-commerce Expeditions: Perlindungan Hukum bagi Konsumen dalam Ekspedisi E-commerce Sugito, Gea Ossita; HS, Salim; Wagian, Diangsa
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.989

Abstract

This study investigates the legal protection afforded to consumers in the context of e-commerce, focusing on the liabilities of expedition services in cases of delayed or damaged goods. The primary objective is to explore the forms of legal protection provided to consumers for losses due to delays or damages in goods transported by expedition services, and to understand the legal responsibilities of these services in such scenarios. Utilizing a normative research method, the study examines relevant consumer protection laws and regulations governing shipment agreements. The findings reveal that consumers are entitled to various forms of legal protection, including the right to compensation in the form of refunds, replacement of goods, or payments based on the value of loss; entitlement to indemnities for healthcare costs or beneficiary allowances in cases of life-threatening harm; and the right to compensation from expedition services for material and immaterial losses beyond mere refunds. Additionally, the study underscores the government and consumer protection agencies' duty to educate and guide businesses, including expedition services. The legal responsibility of expedition services extends to compensating consumers for delayed shipments or lost goods, through either refunds or replacements. Moreover, the services are obligated to provide compensation or replacements for undelivered or damaged goods. Consumer claims for compensation can be resolved through direct negotiation with the expedition service, legal action, or alternative dispute resolution mechanisms like BPSK. The study concludes that while consumers are legally protected to obtain compensation from expedition services, the enforcement of these services' responsibilities needs to be strengthened for more optimal fulfillment of consumer rights.Highlights: Legal Protections: Consumers have the right to compensation, including refunds, replacements, or payment for losses, and indemnities for life-threatening damages. Expedition Services' Obligations: These services must compensate for delays, lost, or damaged goods, with options for direct negotiation, legal action, or alternative dispute resolution. Enforcement Needs: Despite existing protections, there is a necessity to strengthen the enforcement of expedition services' responsibilities to better fulfill consumer rights. Keywords: Consumer Protection, E-commerce, Legal Responsibilities, Expedition Services, Compensation Claims
Regulating Virtual Land Sales in Indonesia's Metaverse: Mengatur Penjualan Tanah Virtual di Metaverse Indonesia Safitri, Baiq Riska Anggi; Arba, Arba; Wagian, Diangsa
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.990

Abstract

This study explores the legal challenges and implications of virtual land sales through the metaverse in the context of Indonesia's digital era 5.0, focusing on consumer protection and the prevention of digital crimes. The primary aim is to analyze the legal framework governing these transactions and assess their conformity with the principles of valid contracts under Indonesian civil law. Employing a normative research methodology, the study evaluates existing regulations and legal literature to understand the current legal landscape. The findings reveal a lack of specific legislation in Indonesia regarding virtual land transactions in the metaverse, categorizing them under general electronic transactions governed by the Electronic Information and Transactions Law. Despite this, these transactions generally meet the legal requirements of a valid contract in Indonesian civil law, such as mutual consent, competency, a specific object, and a lawful cause. However, the study underscores the need for specific regulations to provide legal clarity and enhanced protection for parties involved in virtual land sales, considering the unique and virtual nature of the transaction objects. The research concludes with a call for international collaboration to contribute to the development of a balanced and contemporary global legal framework for metaverse transactions. Highlights: Absence of Specific Legislation: Current Indonesian laws do not specifically address virtual land sales in the metaverse, creating legal ambiguity. Electronic Transaction Classification: Virtual land sales are generally governed by Indonesia's Electronic Information and Transactions Law, aligning them with other electronic transactions. Need for Enhanced Legal Protection: Given the unique nature of virtual transactions, there is a significant need for specific regulations to ensure legal clarity and protect the rights of parties involved. Keywords: Metaverse, Virtual Land Sales, Indonesian Law, Electronic Transactions, Legal Framework
Legal Vacuum in Indonesian Administrative Law: Urgency of Policy Regulation: Kekosongan Hukum dalam Hukum Administrasi Indonesia: Urgensi Peraturan Kebijakan Putra, Eduard Awang Maha; Wibowo, Gatot Dwi Hendro; Minollah, Minollah
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.991

Abstract

This study delves into the critical need for explicit policy regulation within the Indonesian Government Administration Law (Law Number 30 of 2014), addressing a significant legal vacuum. Despite the law encompassing regulations related to discretion, it notably lacks specific terms or phrases for 'beleidsregel' (policy regulations), leading to legal uncertainties. Employing a normative legal research methodology, the research utilizes statutory and conceptual approaches to explore the interplay between the principle of discretion (freies ermessen) and policy regulations in the context of state administrative law. The findings reveal that while the principle of discretion and policy regulations are distinct entities, they are inextricably linked. The principle of discretion provides the foundational authority for state administrative officials to establish policies, whereas policy regulations represent the formal embodiment of these policies. The absence of beleidsregel in the current legislation leads to reliance on expert opinions (doctrine) and varying legal interpretations, fostering legal uncertainty (rechtsonzekerheid) and potential chaos (rechtsverwarring) in government administration. The study highlights the urgent need to regulate policy regulations within the Government Administration Law to ensure legal certainty and prevent administrative chaos, emphasizing the importance of formal legal frameworks in guiding and controlling the application of policy regulations by state officials. This research underscores the necessity of legislative reform to address the existing normative vacuum and stabilize the legal environment for effective governance in Indonesia.Highlights: The study emphasizes the lack of specific policy regulation terms in Indonesian Government Administration Law, leading to a legal vacuum. It highlights the crucial link between the discretion principle and policy regulations, underscoring their interdependence in state administrative law. The research identifies the urgent need for legislative reform to provide legal certainty and prevent administrative chaos due to the current absence of policy regulation guidance. Keywords: Policy Regulations, Legal Vacuum, Indonesian Administrative Law, Discretion Principle, Government Administration
Decriminalization and Technology Integration in Juvenile Justice: Dekriminalisasi dan Integrasi Teknologi dalam Peradilan Anak Akbar, Rizki; Widiarto, Aan Eko
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.993

Abstract

This normative juridical research, utilizing statutory and conceptual approaches, aims to explore future policy models for the legal protection of children within the juvenile criminal justice system in Indonesia. Acknowledging various challenges in the current system, the study emphasizes the necessity of reforming policies to ensure legal certainty and justice for minors in conflict with the law. The proposed model advocates for a 'pure decriminalization' approach, which involves removing the punishable nature of certain criminal elements committed by juvenile legal subjects. This model is complemented by a protection policy that underscores preventative measures to decrease the involvement of children in the criminal justice system. A significant emphasis is placed on integrating technology into the system to enhance efficiency and security, thereby safeguarding children's rights more effectively. Additionally, the research highlights the need for increased inter-agency and cross-sectoral cooperation within the legal structure (police, prosecutors, and courts) to create a more coordinated and holistic approach in addressing juvenile justice issues. The findings suggest that these strategic efforts can contribute significantly to the improvement of procedural law applications for children, ensuring their human rights are not violated in future legal encounters.Highlights: Pure Decriminalization Model: Emphasizes removing the punitive aspects for certain juvenile offenses, focusing on rehabilitation over punishment. Technological Advancements: Integration of technology in the juvenile justice system to enhance efficiency, security, and protection of children's rights. Enhanced Inter-agency Collaboration: Advocates for improved cooperation between legal entities for a holistic and coordinated approach to juvenile justice issues. Keywords: Juvenile Justice, Decriminalization, Legal Protection, Technology Integration, Inter-agency Cooperation
Democratic Legal Principles in the Election of the Governor of NTB, Indonesia: Prinsip Hukum Demokratis dalam Pemilihan Penjabat Gubernur NTB, Indonesia Azwar, Lalu Muhammad; Asmara, M. Galang; Purnomo, Chrisdianto Eko
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.994

Abstract

This study critically examines the mechanism of appointing the Acting Governor of Nusa Tenggara Barat (NTB), focusing on its alignment with the principles of a democratic legal state. Utilizing a normative legal research methodology, the study employs legislative and conceptual approaches, drawing from primary and secondary legal materials. The analysis incorporates descriptive analytical, prescriptive, and argumentative data analysis techniques. Findings reveal that the current mechanism, governed by the Ministry of Home Affairs Regulation No. 4 of 2023, mandates adherence to democratic legal state principles. However, it faces significant challenges in ensuring optimal public participation and safeguarding human rights (HAM). Although the process involves multiple stakeholders, including optional non-ministerial government agencies, the final decision remains centrally with the president. This centralistic tendency undermines direct public participation in political decision-making, a core tenet of democracy. Additionally, the mechanism lacks clear legal procedures for termination, posing a risk of violating HAM principles and affecting the legitimacy and continuity of the appointed official. The study recommends enhancing public and representative body involvement to better reflect democratic participation principles. It also suggests regulatory changes to mandate broader stakeholder involvement and establish clear termination mechanisms, thereby improving transparency, accountability, and legal certainty while upholding human rights protection. These improvements are crucial for bolstering the mechanism's democratic legitimacy and efficacy in NTB's governance.Highlights Centralized Authority: The president's ultimate decision-making power limits public involvement. Public Participation Gap: Insufficient societal engagement in the appointment process. Human Rights Risks: Unclear termination procedures pose legal and legitimacy concerns. Keywords: Democratic Legal Principles, Public Participation, Human Rights, NTB Governor Appointment, Legal Transparency
Rethinking 'Res Judicata Pro Varitate Habetur' in Indonesian Judiciary: Memikirkan Kembali 'Res Judicata Pro Varitate Habetur' dalam Peradilan Indonesia Fathor, Fathorrahman; Widiarto, Aan Eko
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.995

Abstract

This research explores the principle of "Res Judicata Pro Varitate Habetur," a legal doctrine asserting that a judicial decision with legal authority must be considered correct and binding. Focusing on its application in the decisions of the Constitutional Court (MK) and the Supreme Court (MA) of Indonesia, the study emphasizes the authority and differences in the finality of their rulings. It proposes a conceptual update to "Res Judicata Pro Varitate Habetur" aimed at enhancing public access to legal truth, considering the need to balance legal certainty with judicial system improvements. The research employs a Juridical-Normative method, incorporating conceptual, juridical, and case study approaches. The conceptual approach underscores the importance of understanding legal concepts as a preliminary step in analyzing legal norms. This approach involves the analysis of legal texts, the objectives of the law, and the relevant legal system. The juridical approach involves understanding and analyzing law by referring to the applicable written norms, while the case study approach involves analyzing court decisions or relevant legal cases. The findings highlight the role of this principle in maintaining legal certainty, and suggest that its conceptual update could enhance public access to legal truth and contribute to legal thought on future judicial system reform. Highlights: Conceptual Reevaluation: The study emphasizes rethinking the 'Res Judicata Pro Varitate Habetur' principle to better balance legal certainty and judicial fairness in Indonesia. Methodological Approach: Employing a Juridical-Normative method, the research integrates conceptual analysis, legal norms study, and case examination for comprehensive insights. Implications for Judicial Reform: Findings suggest potential improvements in public access to justice and contribute to broader discussions on reforming the Indonesian judicial system. Keywords: Res Judicata Pro Varitate Habetur, Indonesian Judiciary, Legal Certainty, Judicial Reform, Public Access to Justice
The Pancasila in the Age of Digital Society 5.0: Indonesia Legal System Perspective: Pancasila di Era Masyarakat Digital 5.0: Perpspektif Sistem Hukum Indonesia Desinta, Desinta Dwi Rapita
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.996

Abstract

his study explores the transformative impact of the digital era, specifically Society 5.0, on the Indonesian legal system, focusing on the incorporation of Pancasila values as a universal ethical foundation. Adopting a normative legal research method with a conceptual approach, the study analyzes how the Indonesian legal system, predominantly influenced by the civil law system, adapts to the challenges posed by technological advancements and the emerging digital society. The research reveals that Indonesia's unique legal system, grounded in Pancasila, exhibits characteristics of religiosity, humanism, and social justice, enabling it to adapt to societal changes while maintaining core national values. The digital transformation, embodied in Society 5.0, necessitates a legal framework that balances economic development with social problem-solving through innovative and sustainable technology integration. The study highlights the increasing significance of cybersecurity awareness and the potential recognition of artificial intelligence as a new legal subject. Emphasizing the role of Pancasila's ethical principles, the study concludes that a consistent application of these values is crucial for developing a responsive legal system capable of addressing the complexities of a digital society. This alignment ensures that legal evolution aligns with societal aspirations, maintaining harmony and order within the framework of a rapidly evolving digital landscape. The findings underscore the importance of legal reform in legislative, human resources, institutional, and cultural aspects, advocating for a harmonized approach between technological advancements and existing or forthcoming regulations, guided by Pancasila's values.Highlights: Pancasila as Ethical Guide: Emphasizes Pancasila's pivotal role in shaping Indonesia's legal responses to digital challenges. Legal System's Digital Adaptation: Highlights the Indonesian legal system's evolution in the face of advancing digital technologies. Harmonized Legal Reforms: Stresses the need for sustainable legal reforms aligned with societal values in the digital era. Keywords: Society 5.0, Pancasila, Indonesian Legal System, Digital Transformation, Cybersecurity
Prospects for the Application of Brick Walls in Modern Housing Construction Under Construction in Uzbekistan.: Potensi Penerapan Dinding Bata dalam Konstruksi Perumahan Modern di Uzbekistan Xakimovna, Xaydarova Kamola; Maxmudovna , Ismatova Dilfuza
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.997

Abstract

Since gaining independence, the Republic of Uzbekistan has undertaken extensive reforms across its national economy, emphasizing the incorporation of new technologies, scientific advancements, and best practices. This article focuses on the construction industry, a key sector in the nation's development. A primary objective is the promotion of energy-efficient construction methods for buildings and structures. The study employs a multifaceted approach, integrating modern technologies and drawing from global experiences. The results emphasize the ongoing development and progress in the construction sector, showcasing a commitment to sustainability and innovation. The implications of this research extend beyond national borders, contributing valuable insights to the global discourse on energy-efficient construction practices. Highlights: National Economic Reforms: The article explores the impact of independence on Uzbekistan's economy, focusing on comprehensive reforms in various sectors. Energy-Efficient Construction: A central theme involves the urgent need for energy-efficient practices in the construction industry, aligning with global sustainability goals. Technological Advancements: The content highlights the incorporation of new technologies and scientific achievements as crucial drivers of progress in the construction sector. Keywords: Independence, Uzbekistan, Energy-efficient construction, Reforms, Sustainable development.
Impact of Campaign Regulations on Electoral Freedom: Dampak Peraturan Kampanye terhadap Kebebasan Memilih Hamjad, Hamjad; Asmara, M. Galang; Cahyowati, Roro
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.998

Abstract

This research scrutinizes Constitutional Court Decision No. 65/PUU-XXI/2023, focusing on the intersection of campaign regulations and the fundamental right to electoral choice in a democratic society. Using a normative legal research methodology, the study delves into the legal concepts, principles, and norms governing electoral campaigns, particularly regarding their conduct in educational institutions and government facilities. This approach is both descriptive and normative, relying on existing legislation, court decisions, and supplementary academic sources to construct a comprehensive understanding of the subject. The research identifies a lack of clarity in current regulations about campaigning in educational spaces, as highlighted by the absence of specific legal guidelines in this area. The analysis of the Constitutional Court's decision and related electoral laws, including Article 280 of the 2017 General Election Law, reveals a need for more precise legal provisions to regulate campaign mechanisms and concepts effectively. The findings suggest that while existing laws aim to uphold citizens' political rights to free choice, they lack detailed implementation strategies, particularly concerning youth engagement in political processes. The study advocates for policymakers and government officials to develop legal frameworks that extend campaign outreach not only to the non-educational population but also to young voters, fostering their involvement and understanding of political contests. This would contribute to the national goal of informed and active citizenship.Highlights: Ambiguity in Campaign Regulations: The study highlights the lack of clear guidelines for conducting electoral campaigns in educational settings. Constitutional Court's Influence: Examines the impact of Decision No. 65/PUU-XXI/2023 on the balance between free political choice and regulated campaigning. Youth Political Involvement: Emphasizes the need for legal reforms to enhance the political engagement and education of young voters. Keywords: Electoral Campaign Regulation, Constitutional Court Decision, Political Rights, Youth Engagement, Legal Framework
Pancasila Legal System: Balancing The Fulfillment Of National Moral Values And Law Enforcement In Indonesia: Sistem Hukum Pancasila: Menyeimbangkan Pemenuhan Nilai Moral Nasional dan Penegakan Hukum di Indonesia. Esfandiari, Fitria; Widianto, Aan Eko
Indonesian Journal of Law and Economics Review Vol. 19 No. 1 (2024): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i1.999

Abstract

This normative research delves into the Pancasila legal system in Indonesia, evaluating its impact on the nation's moral values and the enforcement of law. Pancasila, embodying the core principles of Indonesian society, encompasses values such as divinity, humanity, unity, democracy, and justice. Despite its significance, the study argues that the Pancasila legal system has yet to manifest substantially in the fabric of national life. The research, employing literature review methodology, positions Pancasila as a philosophy guiding law enforcement, urging a reevaluation of legal systems rooted in the wisdom of societal values. The imperative lies in bridging the gap between legal certainty and substantive justice, fostering a legal framework that resonates with the cultural richness of Indonesian society. This research advocates for a critical examination of the legal system, rooted in indigenous wisdom, to better align it with the aspirations of the nation and its people. Highlights: Cultural Foundations: The research critically examines the Pancasila legal system, emphasizing its role as a crystallization of Indonesia's cultural values, including divinity, humanity, unity, democracy, and justice. Guiding Philosophy: Pancasila is positioned as a guiding philosophy for law enforcement, highlighting its potential to shape the ethical foundation and moral compass of legal practitioners in Indonesia. Call for Reevaluation: The study advocates for a reevaluation of the legal system, urging a return to indigenous wisdom and cultural values to bridge the gap between legal certainty and substantive justice in Indonesian society. Keywords: Pancasila, Legal System, Moral Values, Law Enforcement, Indonesia

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